TERMS AND CONDITIONS
RELEASED 2.1.14
thisisnowNY, LLC is pleased to welcome you to our Website and mobile app, where we advertise exclusive deals and offers from our advertisers to our membership.
By accessing our Website (www.thisisnowNY.com) and our mobile app thisisnowNY you are accepting the Terms and Conditions (“Terms”) below, as well as our Privacy Policy and agree to use our Website only in accordance with these Terms. We ask that you read these Terms and our Privacy Policy carefully. If you do not agree with our Terms, we kindly ask that you do not use our Website in any way, including but not limited to purchasing any products on our Website.
Our website is owned and operated by thisisnowNY, LLC, (the “Company” or “thisisnowNY”).
We reserve the right, in our sole discretion, to amend, modify or change the Terms at any time and for any reason. In the instance that we choose to make any modifications, we will indicate such changes with a notice and date of such change and ask that you read and review such changes to our Terms as they are posted.
1. Generally. In order to use our Website you warrant that:
A. You are at least 18 years old, (or have a legal guardian who has agreed that you may use our Website), or if you are a using the Website on behalf of a business, you have the authority to bind the business to the Terms;
B. You are fully able and competent to enter into the Terms, which are to be considered a binding contract;
C. You are not in any way prohibited by any law in any jurisdiction from entering into the Terms;
D. If you choose to submit registration information to us in order to register on our site and/or purchase a Membership Card, you agree to submit complete and accurate information about yourself and agree that you will only register with one User Account, “User Account;” and
E. In the case where you choose not to create a User Account with us, you agree that you will not be able to take advantage of deals on our Website but may continue to use the Website for all other purposes in accordance with our Terms.
2. Prohibited Use of Our Website. Your use of our Website is conditioned upon the Terms and related policies posted to our Website and as a user of our Website you are solely responsible for all of your activities, regardless of whether you have chosen to establish a Member Account. You may not use our Website for any other reason or purpose that is prohibited by the Terms, unlawful, or encouraging of illegal activity or harmful to our Website and/or Company in any way. You expressly may not use our Website in any of the following ways:
A. To submit any material that may be considered offensive, obscene, defamatory, or inappropriate in any way, including any comments, reviews, links or other material;
B. To promote illegal activities, which shall include the submission of or creation of any computer viruses, unauthorized access, or breaches to other users’ privacy;
C. To submit materials that are unauthorized (including any unauthorized advertising);
D. Attempt to tamper with our Website in any way, including introducing any viruses or harmful computer codes;
E. Engage in any commercial activities whatsoever that have not been subject to a prior agreement with the Company;
F. Harass another user, person or group in any way; and
G. Infringe the rights of any third party, including but not limited to Intellectual Property Rights.
3. Registration and User Accounts. Only registered Members may have access to use the deals and offers on our Website. Any users who desire to use the deals on our Website must first register by providing certain personal information and establishing a “Member Account” thereby becoming a “Member.” thisisnowNY reserves the right to reject, suspend or terminate your Member Account if we determine that you have misused your Member Account or our Website in any way, or for any reason, including but not limited to the submission of inaccurate information. In establishing a Member Account you agree:
A. All information you have provided to us at the time of registration is true, accurate, current and complete, and does not in any way violate the rights of any third parties, and if any of such information should change, you will notify us by amending such information to your Account, which you have the right to do at any time;
B. You have the legal capacity and authority to enter into a contract with thisisnowNY by establishing a Member Account and are at least 18 years old;
C. You will establish only one Member Account on our Website, which may not be transferred in any way to any third party;
D. You are responsible for maintaining the security of your own Member Account and Password at all times and will notify us in instance in which your privacy is breached or you have lost your Member Account information;
E. Where you have chosen to create a Membership Account with our Website, the credit card information you provide will be true, accurate, current and complete and that we will have the right to charge your credit card in the amount of the purchase price of the Membership(s) ordered, together with any shipping costs and taxes. You authorize us to provide such credit card information securely to our third party merchant servicer for the purpose of processing any transactions, which you have authorized. In cases where we require that you authenticate your identify for the purposes of a purchase of a membership on our Website, you agree to do so and to provide such information as necessary. You agree that the Company is not responsible for any delays or issues with regard to the processing of a credit card payment on our Website, including any instances in which you have been refused authorization to purchase or delayed in any way.
F. You agree that we may, in certain cases, reserve the right to make such Membership Accounts publicly visible on our Website, (such as in the case where you have personally submitted a customer testimonial).
E. You agree that in certain instances where we have been subpoenaed by law or legally required to provide your Member Account information that you have provided to us, we shall be allowed to provide such information as appropriate. Such instances include a request to satisfy any legal process or government request, in addition to any law or regulation, including any investigation or threat to the safety or security of our Users or the public.
4. Offers On Our Website.
A. Our Website provides offers, discounts, and coupons, (“Offers”) to our Members for purchase, which are provided to us by independent vendors whom we have selected to advertise with us. When you choose to use an Offer advertised on our Website, the Offer shall be redeemed directly with our advertising partners, in the manner as specified in the Offer. thisisnowNY is not liable for any misinformation in the Content these vendors provide to us in order to advertise their products on our Website and will not be held liable for any claims arising out of the redemption of the Offer, however we do work to ensure that the information provided to us is as accurate as stated.
B. In order to advertise Offers on our Website, thisisnowNY works with independent third party vendors and advertisers who have their own Terms that our users agree to when making a purchase with such third parties and advertisers. We are not responsible for any third party terms, policies or conditions, nor are we responsible for any of the privacy of the information our Members submit to any third parties in making purchases with third parties.
5. Insurance. thisisnowNY is not responsible, nor do we provide insurance for the Offers you have redeemed as a result of their being advertised on our Website.
6. Proprietary Rights. You agree that all of the Content posted on our Website is the property of thisisnowNY, our advertisers, vendors, partners, or licensors, which includes all logos, graphics, images, copy, icons, style elements, and related material (“Content”) and that such Content is protected by copyright, trademark and other proprietary laws. Any rights not expressly granted herein, are reserved to thisisnowNY. Unless otherwise permitted in the Terms, you agree that you will not, nor will you cause any other party to:
A. Manipulate, decompile, copy, store, reproduce, rearrange, modify, distribute or disseminate thisisnowNY’s software, code, content, or technology in any way that would violate our proprietary rights.
B. Sell, license, modify, rent, copy, distribute, transmit, publicly perform, publish, edit, adapt, or create any derivative materials or works from the Content on our Website.
C. Infringe upon any copyright, patent, trademark or other proprietary rights.
D. Use the Content in any way other than as expressly provided in the Terms.
E. In the case where you have linked any of our Content to a third party platform as permitted on our Website using any sharing capability, you agree to be bound by the Proprietary Rights as outlined in the Terms. You further agree to provide the link back to our Website as provided on the sharing tools on our Website.
7. Content Submitted By You and Submissions. You are solely responsible for any of the information you (i) submit or (ii) post to our Website (“Submission Content”). If you choose to submit Submission Content, including any articles, posts, photography, graphics or illustrations of any kind, for thisisnowNY to use on our Website, you are agreeing to allow anyone to access and use that information in connection with any information you have submitted to us in accordance with the Terms.
You warrant that you have full rights to submit any such Submission Content on our Website and will indemnify us for any claims arising from our posting such Content on our website.
If you choose to upload any information, articles, posts, copy, images, visual or sound recordings, or other Submission Content to thisisnownNY which is covered by intellectual property rights, you agree to grant thisisnowNY a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content and to use, copy, perform, display, reproduce, adapt, modify and distribute such information and Content, and to prepare derivative works of, or incorporate in other works, and to grant and authorize sublicenses of the foregoing for the purposes of our Services.
If at any time you wish to remove such Submission Content from our Website, you will contact us in writing or via email and request that we remove such Submission Content within a reasonable time frame. Notwithstanding the foregoing, you understand and agree that once Submission Content is distributed to a thisisnowNY sponsor or third party application or
incorporated into other areas of our Website, social media channels, or other related partner platforms, thisisnowNY is under no obligation to delete or ask other users, Sponsors, or third party applications to delete the Submission Content, and therefore it may continue to appear and be used indefinitely.
8. Third Parties. Our Website may allow access to or by third party applications or content, including websites, directories, servers, networks, systems, hyperlinks, information and databases, software, programs, products or services. The existence of access to third party websites does not imply that we endorse or affiliate with such third parties, nor should such third party websites be considered part of our website. You are solely responsible for your use of any such third party links or content, including any payment for your use, and agree not to hold thisisnowNY responsible for your use in any way.
9. Disclaimer & Relationship. YOUR USE OF OUR WEBSITE ARE AT YOUR SOLE RESPONSIBILITY AND RISK. thisisnowNY PROVIDES ITS WEBSITE AND ALL CONTENT AVAILABLE ON OUR WEBSITE, INCLUDING ALL OFFERS ADVERTISED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITEDTO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY. thisisnowNY DOES NOT IN ANY WAY WARRANT THAT OUR WEBSITE IS WILL FUNCTION WITHOUT INTERRUPTION OR THAT THE CONTENT WILL BE PROVIDED WITHOUT ERROR.
10. Indemnification. You agree to indemnify, defend, and hold harmless thisisnowNY, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to your use of our Website.
11. Limitation of Liability. In no case shall thisisnowNY its advertisers, vendors, or their officers, directors, employees, agents, successors, subsidiaries, affiliates or third parties who have submitted Content to our Website in any way have any obligations or any liability to any user of our Website, including any direct, indirect, special, incidental, punitive, consequential, or exemplary damages. In no event shall the total liability of thisisnowNY or its related parties exceed the amount you paid to be a Member of our Website. In certain cases this Limitation on Liability may be limited by your state’s laws.
12. Damages. thisisnowNY, its officers, directors, members, employees, agents, partners, subsidiaries and related third parties will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, which include but are not limited to, damages for the loss of profits, goodwill, use, data or intangible losses as a result of your use of our Website, or related services or purchase of products.
13. Copyright Infringement. thisisnowNY will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA“) by working to remove such materials.
14. Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles. Any disputes or claims arising out of or relating to this Agreement and the Terms (including any breach thereof), our Services, or our Website shall be resolved by binding arbitration through the American Arbitration Association in the state of New York.
15. Contact. Please direct any correspondence in connection with these Terms or any issues relating to Content posted on our Website to: thisisnowNY@gmail.com.
16. Outside of the United States. Certain other countries may have different rules pertaining to access to information which you are responsible for understanding before you access or use our Website. If you are located in a country where software cannot be downloaded or otherwise ‘exported’ from the United States, you warrant to us that you are not located in nor under the control of such a territory. Further, by using our Website you warrant and consent to having us access and transfer your personal data to the United States.
17. Other. thisisnowNY’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Should any provision of the Terms be found by a court of competent jurisdiction to be invalid, the parties agree that the intention of such provisions should be upheld nonetheless, and that the other provisions of the Terms shall remain in full force and effect. All headings contained in our Terms are for the purpose of convenience and shall not affect the interpretation of the Terms.
18. Entire Agreement. The Terms, together with thisisnowNY’s privacy policy and related policies posted on our Website shall together constitute our Agreement with you as a user of our Website and shall supersede any prior existing Agreement.